ISSN - 0250 -5010
ANNALEN VAN
DE BELGISCHE VERENIGING VOOR
STRALINGSBESCHERMING
VOL. 34, N°1, 2009 2e trim. 2009
Meting van radioactiviteit in het leefmilieu Mesure de la radioactivité dans l’environnement
Driemaandelijkse periodiek Périodique trimestriel
1050 Brussel 5 1050 Bruxelles 5
ANNALES DE
L’ASSOCIATION BELGE DE
RADIOPROTECTION
V.U. Mme Cl. Stiévenart
Av. Armand Huysmans 206, bte 10 B- 1050 Bruxelles - Brussel
Hoofdredacteur Mr C. Steinkuhler Rédacteur en chef Rue de la Station 39
B- 1325 Longueville
Redactiesecretariaat Mme Cl. Stiévenart Secrétaire de Rédaction Av. Armand Huysmans 206, bte 10
B- 1050 Bruxelles - Brussel
Publikatie van teksten in de Annalen Les textes publiés dans les Annales gebeurt onder volledige le sont sous l’entière responsabilité verantwoordelijkheid van de auteurs. des auteurs.
Nadruk, zelfs gedeeltelijk uit deze Toute reproduction, même partielle, teksten, mag enkel met schriftelijke ne se fera qu’avec l’autorisation toestemming van de auteurs en van écrite des auteurs et de la
de Redactie. Rédaction.
ii
Meting van radioactiviteit in het leefmilieu Mesure de la radioactivité dans l’environnement
SOMMAIRE INHOUD
EURATOM requirements with regard to environmental radioactivity monitoring
M. van EIJKEREN p.1
Le progamme de surveillance radiologique du territoire : raison d’être, contenu, situation présente et évolution
L. SOMBRE, J. CLAES p.19
Controle van radioactiviteit in het leefmilieu : bemonstering, monstervoorbereiding en meettechnieken
F. VERREZEN p.37
TELERAD: le réseau de surveillance radiologique et le système d’alerte rapide en Belgique
M. DESMEDT p.43
Problématique de la transposition de la directive « Eau Potable » 98/83.CE
J-M. FLEMAL p.51
Radiological monitoring of sewage in water purification plants in Belgium by remote and continuous gamma spectrometry.
G. DELECAT, Ph. VAN PUT, C. DE LELLIS, JP.LACROIX p.63 Het toezichtsprogramma van de Molse Nete
P. GIELEN, S. VANARWEGEN p.75
The application of radon measurements in the radon action plan in Belgium B. DEHANDSCHUTTER, E. NOEL, S. PEPIN, A. POFFIJN, M. SONCK p.89 De controle van goederenstromen met meetpoorten
P. FIAS, S. SCHREURS p.111
iii
Hoofdredacteur Mr C. Steinkuhler Rédacteur en chef Rue de la Station 39
B- 1325 Longueville
Redactiesecretariaat Mme Cl. Stiévenart Secrétaire de Rédaction Av. Armand Huysmans 206, bte 10
B- 1050 Bruxelles - Brussel
Publikatie van teksten in de Annalen Les textes publiés dans les Annales gebeurt onder volledige le sont sous l’entière responsabilité verantwoordelijkheid van de auteurs. des auteurs.
Nadruk, zelfs gedeeltelijk uit deze Toute reproduction, même partielle, teksten, mag enkel met schriftelijke ne se fera qu’avec l’autorisation toestemming van de auteurs en van écrite des auteurs et de la
de Redactie. Rédaction.
ii
Meting van radioactiviteit in het leefmilieu Mesure de la radioactivité dans l’environnement
SOMMAIRE INHOUD
EURATOM requirements with regard to environmental radioactivity monitoring p.1 Le progamme de surveillance radiologique du territoire : raison d’être, contenu, situation présente et évolution
L. SOMBRE, J. CLAES p.19
Controle van radioactiviteit in het leefmilieu : bemonstering, monstervoorbereiding en meettechnieken
F. VERREZEN p.37
TELERAD: le réseau de surveillance radiologique et le système d’alerte rapide en Belgique
M. DESMEDT p.43
Problématique de la transposition de la directive « Eau Potable » 98/83.CE
J-M. FLEMAL p.51
Radiological monitoring of sewage in water purification plants in Belgium by remote and continuous gamma spectrometry.
G. DELECAT, Ph. VAN PUT, C. DE LELLIS, JP.LACROIX p.63 Het toezichtsprogramma van de Molse Nete
P. GIELEN, S. VANARWEGEN p.75
The application of radon measurements in the radon action plan in Belgium B. DEHANDSCHUTTER, E. NOEL, S. PEPIN, A. POFFIJN, M. SONCK p.89 De controle van goederenstromen met meetpoorten
P. FIAS, S. SCHREURS p.111
iii
Dit nummer bevat de teksten van de uiteenzettingen ter gelegenheid van de vergadering van de Belgische Vereniging voor Stralingsbescherming in Brussel op 10 oktober 2008.
Ce numéro contient les textes des exposés présentés lors de la réunion organisée par l’Association belge de Radioprotection à Bruxelles le 10 octobre 2008.
A. JANSSENS et al.
iv
Annales de l’Association belge de Radioprotection, Vol.34, n°1, 2009
Annalen van de Belgische Vereniging voor Stralingsbescherming, Vol.34, n°1, 2009
EURATOM REQUIREMENTS WITH REGARD TO ENVIRONMENTAL RADIOACTIVITY MONITORING
Augustin Janssens, Eberhardt Henrich, Michel Herzeele, Stefan Mundigl,
Vesa Tanner, Stefan Van der Stricht,
European Commission, Directorate-General for Energy and Transport, L – 2920 LUXEMBOURG
1. Chapter III EURATOM Treaty
The Treaty establishing the Atomic Energy Community (Rome, 1957) introduced, at a very early stage of the development of nuclear energy, the need to ensure adequate protection of the health of workers and of members of the public in relation to the dangers arising from ionising radiation.
Article 2b of the Treaty lays down that the Community shall “establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied”. Chapter III (Health and Safety, Articles 30-39) is concerned with radiation protection, in particular with the safety standards (Articles 30-33) and specifically with environmental radioactivity (Articles 34-38).
This paper will concentrate on the requirements on environmental radioactivity surveillance (Articles 35-36), together with Article 37 which relates to the impact of plans for the disposal of radioactive waste (Article 34 is rarely or never invoked and will not be discussed). There is an intimate relationship between the specific requirements on environmental radioactivity and the Basic Safety Standards.
1 iv
Annales de l’Association belge de Radioprotection, Vol.34, n°1, 2009
Annalen van de Belgische Vereniging voor Stralingsbescherming, Vol.34, n°1, 2009
EURATOM REQUIREMENTS WITH REGARD TO ENVIRONMENTAL RADIOACTIVITY MONITORING
Augustin Janssens, Eberhardt Henrich, Michel Herzeele, Stefan Mundigl,
Vesa Tanner, Stefan Van der Stricht,
European Commission, Directorate-General for Energy and Transport, L – 2920 LUXEMBOURG
1. Chapter III EURATOM Treaty
The Treaty establishing the Atomic Energy Community (Rome, 1957) introduced, at a very early stage of the development of nuclear energy, the need to ensure adequate protection of the health of workers and of members of the public in relation to the dangers arising from ionising radiation.
Article 2b of the Treaty lays down that the Community shall “establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied”. Chapter III (Health and Safety, Articles 30-39) is concerned with radiation protection, in particular with the safety standards (Articles 30-33) and specifically with environmental radioactivity (Articles 34-38).
This paper will concentrate on the requirements on environmental radioactivity surveillance (Articles 35-36), together with Article 37 which relates to the impact of plans for the disposal of radioactive waste (Article 34 is rarely or never invoked and will not be discussed). There is an intimate relationship between the specific requirements on environmental radioactivity and the Basic Safety Standards.
2
The practical modalities and scope of the verifications were laid down in a Commission Communication (2006/C 155/02) on “Verification of environmental radioactivity monitoring facilities under the terms of Article 35 of the EURATOM Treaty – Practical arrangements for the conduct of verification visits in Member States”.
An overview of the conduct of verifications and the conclusions that could be drawn from these was presented in a second Commission Communication (COM/2007/0847) on the “Application of Article 35 of the EURATOM Treaty – verification of the operation and efficiency of facilities for continuous monitoring of the level of radioactivity in the air, water and soil: Report, 1990‑2007”.
Finally, a study has recently been completed on the implementation of Article 35 EURATOM (“Overview of national environmental monitoring requirements and inspection activities”, soon to be published in the Radiation Protection publication series).
2.2. Article 36
Article 36 of the EURATOM Treaty requires that Member States shall
“periodically communicate information on the checks referred to in Article 35 to the Commission so that it is kept informed of the level of radioactivity to which the public is exposed”.
Thus Member States regularly transmit to the Commission the national (annual) reports on environmental radioactivity. The Commission regularly publishes data extracted from such reports at Community level.
Such compilations have an added value compared to national reports to the extent that data are comparable across borders. This should be the case for the levels of radioactivity resulting from global fall‑out from atmospheric weapons’ testing in the sixties and for the Chernobyl contamination. The Community publications are a means of ensuring that data are consistent.
Thus only such sampling locations are incorporated in the Community reports which are not affected by the discharges of nuclear installations (for river sampling locations this is not always possible). This choice is without prejudice to the scope of the monitoring requirement under Article 35.
The Commission has published a continuous series of reports beginning in the early 1960s. The latest report covers the year 2001 [1]. The REM (Radioactivity Environmental Monitoring) data bank was set up for 2. Environmental provisions of the EURATOM Treaty
2.1. Article 35 of the EURATOM Treaty
Article 35, first paragraph, of the EURATOM Treaty states that
“Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards.”
This paragraph is the cornerstone of extensive programmes for monitoring levels of radioactivity in the environment established in Member States.
The formulation “air, water and soil” is understood to be all embracing and to include all compartments of the biosphere. It is worth noting that actual soil monitoring is carried out only sporadically but instead deposition measurements and biota measurements (grass, milk) are carried out as indicators for the transfer from soils to individuals. The “environment”
includes both the ambient environment in proximity of, for instance, a nuclear installation and the overall territory of a Member State.
The requirement for environmental radioactivity monitoring is thus a requisite in its own right in addition to being a means of ensuring compliance with the basic standards.
The second paragraph of Article 35 reads:
“The Commission shall have the right of access to such facilities; it may verify their operation and efficiency”.
The right of verification relates to the efficiency of the facilities installed for the measurement of environmental radioactivity and of radioactive discharges and the adequacy of the environmental monitoring programme.
The efficiency and adequacy are assessed in relation to the overall approach developed at national level for ensuring the protection of the population in compliance with the Basic Safety Standards.
It is the Commission’s view that the environment starts where radioactive discharges pass out of operational control and that Community verifications, therefore, include the equipment for monitoring liquid and gaseous discharges, to the extent that such monitoring is necessary for the assessment of their environmental impact. The verifications are essentially technical, looking into the adequacy of methods for sampling and laboratory analysis, quality assurance and procedures, but also at the comprehensiveness of the overall national programme.
The practical modalities and scope of the verifications were laid down in a Commission Communication (2006/C 155/02) on “Verification of environmental radioactivity monitoring facilities under the terms of Article 35 of the EURATOM Treaty – Practical arrangements for the conduct of verification visits in Member States”.
An overview of the conduct of verifications and the conclusions that could be drawn from these was presented in a second Commission Communication (COM/2007/0847) on the “Application of Article 35 of the EURATOM Treaty – verification of the operation and efficiency of facilities for continuous monitoring of the level of radioactivity in the air, water and soil: Report, 1990‑2007”.
Finally, a study has recently been completed on the implementation of Article 35 EURATOM (“Overview of national environmental monitoring requirements and inspection activities”, soon to be published in the Radiation Protection publication series).
2.2. Article 36
Article 36 of the EURATOM Treaty requires that Member States shall
“periodically communicate information on the checks referred to in Article 35 to the Commission so that it is kept informed of the level of radioactivity to which the public is exposed”.
Thus Member States regularly transmit to the Commission the national (annual) reports on environmental radioactivity. The Commission regularly publishes data extracted from such reports at Community level.
Such compilations have an added value compared to national reports to the extent that data are comparable across borders. This should be the case for the levels of radioactivity resulting from global fall‑out from atmospheric weapons’ testing in the sixties and for the Chernobyl contamination. The Community publications are a means of ensuring that data are consistent.
Thus only such sampling locations are incorporated in the Community reports which are not affected by the discharges of nuclear installations (for river sampling locations this is not always possible). This choice is without prejudice to the scope of the monitoring requirement under Article 35.
The Commission has published a continuous series of reports beginning in the early 1960s. The latest report covers the year 2001 [1]. The REM (Radioactivity Environmental Monitoring) data bank was set up for
3 2. Environmental provisions of the EURATOM Treaty
2.1. Article 35 of the EURATOM Treaty
Article 35, first paragraph, of the EURATOM Treaty states that
“Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards.”
This paragraph is the cornerstone of extensive programmes for monitoring levels of radioactivity in the environment established in Member States.
The formulation “air, water and soil” is understood to be all embracing and to include all compartments of the biosphere. It is worth noting that actual soil monitoring is carried out only sporadically but instead deposition measurements and biota measurements (grass, milk) are carried out as indicators for the transfer from soils to individuals. The “environment”
includes both the ambient environment in proximity of, for instance, a nuclear installation and the overall territory of a Member State.
The requirement for environmental radioactivity monitoring is thus a requisite in its own right in addition to being a means of ensuring compliance with the basic standards.
The second paragraph of Article 35 reads:
“The Commission shall have the right of access to such facilities; it may verify their operation and efficiency”.
The right of verification relates to the efficiency of the facilities installed for the measurement of environmental radioactivity and of radioactive discharges and the adequacy of the environmental monitoring programme.
The efficiency and adequacy are assessed in relation to the overall approach developed at national level for ensuring the protection of the population in compliance with the Basic Safety Standards.
It is the Commission’s view that the environment starts where radioactive discharges pass out of operational control and that Community verifications, therefore, include the equipment for monitoring liquid and gaseous discharges, to the extent that such monitoring is necessary for the assessment of their environmental impact. The verifications are essentially technical, looking into the adequacy of methods for sampling and laboratory analysis, quality assurance and procedures, but also at the comprehensiveness of the overall national programme.
and emergency monitoring, and it is recommended to use the agreed means of transmission for the latter data routinely.
A common data exchange platform (EURDEP) has been developed for this purpose. It has introduced an agreed format for automatic data exchange, in particular for the dose rate continuously monitored by national early warning networks. It is a communication platform for the urgent exchange of data in an emergency exposure situation (complementary to the ECURIE arrangements under Council Decision 87/600/EURATOM), but also permits the exchange of routine data for other categories of samples.
EURDEP is accessible on the web, both, for the public and for restricted use: http://eurdep.jrc.ec.europa.eu/default.aspx?view=1$1.
A very important application of the REM data bank was the publication of an atlas of caesium deposition as a result of the Chernobyl accident [3].
A very detailed mapping of the deposition was possible through the large amount of available data (including those provided by the CIS) and state‑
of‑the art geographical information systems. The atlas has also been released on CD‑ROM.
2.3. Article 37
Article 37 of the EURATOM Treaty requires each Member State to
“… provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such a plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State.”
The general data comprise information on
• the site and its surroundings,
• the plant,
• release of airborne radioactive effluent in normal operation,
• release of liquid radioactive effluent in normal operation,
• disposal of solid radioactive waste,
• unplanned releases of radioactive effluents,
• environmental monitoring.
The purpose of the Article 37 procedure is to allow the Commission to give an opinion, published in the Official Journal within six months after submission, on whether there is an impact, significant from the point of view this purpose in the Joint Research Centre, at Ispra, initially for holding
data on the contamination resulting from the Chernobyl accident. It was decided to use this data bank to streamline the various formats adopted in the EU for reporting routine environmental measurements and to prepare the Community reports in a more systematic way. The data records are accessible to external users via internet (http://rem.jrc.ec.europa.eu/
webremdb.html). In order to ensure a systematic and uniform data set it is required that individual monitoring results are entered rather than aggregate data as are often included in the national reports. In order to avoid the excessive workload involved in manually inputting the data it was imperative that national data be transmitted in electronic format. For this purpose the JRC had developed a software tool EASYPROTEO which generates data in the required REM format.
The consensus on monitoring and reporting requirements has been laid down in a Commission Recommendation adopted in 2000 [2]. It establishes the modalities for reporting on the following sample categories: airborne particulates, air (dose rate), surface water, water intended for human consumption (with reference to the EC/98/83 Drinking Water Directive), milk and mixed diet, for different measurement categories, in two networks, labelled “dense” and “sparse”.
A problem that emerged from the publications in the early eighties was that levels of radioactivity from weapons’ fallout decreasing down to below detection limits which vary between Member States, so that the publications evolved into a compilation of “less‑than” figures which was not very meaningful. Today, twenty years after Chernobyl, we are in the same situation. A more transparent reporting was achieved by making use of general reporting levels for each sample/nuclide category. At the same time it was felt that in addition to the extensive data set covering the entire territory of the EU (the “dense” network), for which reporting levels are set with reference to the corresponding population exposure (at the very low level of 1 μSv per year), there was a need to include data on actual levels of radioactivity for a limited number of selected locations (“sparse”
network). Member States are asked to provide data with the highest achievable accuracy. Comparison of data sets for extended time periods helps to highlight the trends in radioactivity levels.
The requirements on timing and (electronic) means of reporting will speed up the Community reports. In addition a link is established between routine 4
and emergency monitoring, and it is recommended to use the agreed means of transmission for the latter data routinely.
A common data exchange platform (EURDEP) has been developed for this purpose. It has introduced an agreed format for automatic data exchange, in particular for the dose rate continuously monitored by national early warning networks. It is a communication platform for the urgent exchange of data in an emergency exposure situation (complementary to the ECURIE arrangements under Council Decision 87/600/EURATOM), but also permits the exchange of routine data for other categories of samples.
EURDEP is accessible on the web, both, for the public and for restricted use: http://eurdep.jrc.ec.europa.eu/default.aspx?view=1$1.
A very important application of the REM data bank was the publication of an atlas of caesium deposition as a result of the Chernobyl accident [3].
A very detailed mapping of the deposition was possible through the large amount of available data (including those provided by the CIS) and state‑
of‑the art geographical information systems. The atlas has also been released on CD‑ROM.
2.3. Article 37
Article 37 of the EURATOM Treaty requires each Member State to
“… provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such a plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State.”
The general data comprise information on
• the site and its surroundings,
• the plant,
• release of airborne radioactive effluent in normal operation,
• release of liquid radioactive effluent in normal operation,
• disposal of solid radioactive waste,
• unplanned releases of radioactive effluents,
• environmental monitoring.
The purpose of the Article 37 procedure is to allow the Commission to give an opinion, published in the Official Journal within six months after submission, on whether there is an impact, significant from the point of view
5 this purpose in the Joint Research Centre, at Ispra, initially for holding
data on the contamination resulting from the Chernobyl accident. It was decided to use this data bank to streamline the various formats adopted in the EU for reporting routine environmental measurements and to prepare the Community reports in a more systematic way. The data records are accessible to external users via internet (http://rem.jrc.ec.europa.eu/
webremdb.html). In order to ensure a systematic and uniform data set it is required that individual monitoring results are entered rather than aggregate data as are often included in the national reports. In order to avoid the excessive workload involved in manually inputting the data it was imperative that national data be transmitted in electronic format. For this purpose the JRC had developed a software tool EASYPROTEO which generates data in the required REM format.
The consensus on monitoring and reporting requirements has been laid down in a Commission Recommendation adopted in 2000 [2]. It establishes the modalities for reporting on the following sample categories: airborne particulates, air (dose rate), surface water, water intended for human consumption (with reference to the EC/98/83 Drinking Water Directive), milk and mixed diet, for different measurement categories, in two networks, labelled “dense” and “sparse”.
A problem that emerged from the publications in the early eighties was that levels of radioactivity from weapons’ fallout decreasing down to below detection limits which vary between Member States, so that the publications evolved into a compilation of “less‑than” figures which was not very meaningful. Today, twenty years after Chernobyl, we are in the same situation. A more transparent reporting was achieved by making use of general reporting levels for each sample/nuclide category. At the same time it was felt that in addition to the extensive data set covering the entire territory of the EU (the “dense” network), for which reporting levels are set with reference to the corresponding population exposure (at the very low level of 1 μSv per year), there was a need to include data on actual levels of radioactivity for a limited number of selected locations (“sparse”
network). Member States are asked to provide data with the highest achievable accuracy. Comparison of data sets for extended time periods helps to highlight the trends in radioactivity levels.
The requirements on timing and (electronic) means of reporting will speed up the Community reports. In addition a link is established between routine
this area are discussed in chapter 3.1.
2.4. Article 38
Under Article 38 of the EURATOM Treaty the Commission shall make recommendations to the Member States with regard to the level of radioactivity in the air, water and soil. In cases of urgency, the
Commission shall issue a directive requiring the Member State concerned to take, within a period laid down by the Commission, all necessary measures to prevent infringement of the basic standards and to ensure compliance with regulations. If a Member State does not comply with the directive within this period, the third paragraph of Article 38 allows an accelerated infringement procedure to be applied. This means that there is no pre‑litigation stage and that the Commission may bring the matter directly before the Court of Justice.
The Commission has never had to make use of these truly exceptional powers. However, Article 38 has been used as a legal basis for Commission Recommendations with regard to environmental radioactivity. For instance:
• Commission Recommendation of 21 February 1990 on the protection of the public against indoor exposure to radon (90/143/
EURATOM),
• Commission Recommendation of 20 December 2001 on the protection of the public against exposure to radon in drinking water supplies (2001/928/EURATOM),
• Commission Recommendation of 14 April 2003 on the protection and information of the public with regard to exposure resulting from the continued radioactive caesium contamination of certain wild food products as a consequence of the accident at the Chernobyl nuclear power station (2003/274/EURATOM).
The Recommendation on radon in dwellings will now be incorporated in the recast and revised Basic Safety Standards Directive (see chapter 6).
The Recommendation on radon in drinking water is complementary to the EC Directive on the quality of drinking water [7].
of health, on another Member State. The opinion is sent, accompanied by the experts’ report, to the government of the Member State that submitted the original waste disposal plan. In 1986, in connection with the Court of Justice case relating to the Cattenom nuclear power station1, it was decided to publish the opinions in the Official Journal of the European Union.
The general data should allow the assessment of population exposure for reference group(s) in nearest Member States (at shortest distance in prevailing wind directions, or along the river or seacoast in which liquid effluent is discharged). Allowance must be made for the export of agricultural produce grown in the region surrounding the site. Thus the radioactive contamination in proximity to the site is also relevant information.
There are currently few submissions of general data for new nuclear fuel cycle plants (reactors, reprocessing plants). On the other hand older plants are being modified or discharge authorisations change. Commission Recommendation 91/4/EURATOM required general data to be submitted to the extent that such modification could cause an appreciable increase of the exposure of the population of another Member State. The concept of “an appreciable increase” was of course a matter of interpretation: according to the strict terms of Article 37 (“any plan”) it is for the Commission to judge whether the impact is appreciable, not for the Member State.
A Recommendation adopted in December 1999 [4] removed the ambiguity with regard to such modifications and deals more adequately with dismantling of decommissioned facilities. This was prompted on the one hand by the increasing number of installations awaiting dismantling, on the other hand by the fact that the Basic Safety Standards established the framework for the release of slightly contaminated solid materials, liable to have an impact on other Member States (e.g. through the export of metals for recycling). A new Recommendation will be proposed in 2009, amongst others to resolve some remaining ambiguities with regard to modifications for plans on which no earlier opinion had been given.
The Recommendations also called for the submission, every two years, of a statement of the radioactive waste discharges from nuclear reactors and reprocessing plants. This requirement, together with other public sources of information, has allowed the Commission to publish a regular series of reports on radioactive discharges in the Community and assessments of the resulting population doses in the EU [5][6]. Further developments in 1 Judgment of the Court of 22 September 1988, Land de Sarre and others v
Ministre de l’industrie, Case C‑187/87.
6
this area are discussed in chapter 3.1.
2.4. Article 38
Under Article 38 of the EURATOM Treaty the Commission shall make recommendations to the Member States with regard to the level of radioactivity in the air, water and soil. In cases of urgency, the
Commission shall issue a directive requiring the Member State concerned to take, within a period laid down by the Commission, all necessary measures to prevent infringement of the basic standards and to ensure compliance with regulations. If a Member State does not comply with the directive within this period, the third paragraph of Article 38 allows an accelerated infringement procedure to be applied. This means that there is no pre‑litigation stage and that the Commission may bring the matter directly before the Court of Justice.
The Commission has never had to make use of these truly exceptional powers. However, Article 38 has been used as a legal basis for Commission Recommendations with regard to environmental radioactivity. For instance:
• Commission Recommendation of 21 February 1990 on the protection of the public against indoor exposure to radon (90/143/
EURATOM),
• Commission Recommendation of 20 December 2001 on the protection of the public against exposure to radon in drinking water supplies (2001/928/EURATOM),
• Commission Recommendation of 14 April 2003 on the protection and information of the public with regard to exposure resulting from the continued radioactive caesium contamination of certain wild food products as a consequence of the accident at the Chernobyl nuclear power station (2003/274/EURATOM).
The Recommendation on radon in dwellings will now be incorporated in the recast and revised Basic Safety Standards Directive (see chapter 6).
The Recommendation on radon in drinking water is complementary to the EC Directive on the quality of drinking water [7].
7 of health, on another Member State. The opinion is sent, accompanied by
the experts’ report, to the government of the Member State that submitted the original waste disposal plan. In 1986, in connection with the Court of Justice case relating to the Cattenom nuclear power station1, it was decided to publish the opinions in the Official Journal of the European Union.
The general data should allow the assessment of population exposure for reference group(s) in nearest Member States (at shortest distance in prevailing wind directions, or along the river or seacoast in which liquid effluent is discharged). Allowance must be made for the export of agricultural produce grown in the region surrounding the site. Thus the radioactive contamination in proximity to the site is also relevant information.
There are currently few submissions of general data for new nuclear fuel cycle plants (reactors, reprocessing plants). On the other hand older plants are being modified or discharge authorisations change. Commission Recommendation 91/4/EURATOM required general data to be submitted to the extent that such modification could cause an appreciable increase of the exposure of the population of another Member State. The concept of “an appreciable increase” was of course a matter of interpretation: according to the strict terms of Article 37 (“any plan”) it is for the Commission to judge whether the impact is appreciable, not for the Member State.
A Recommendation adopted in December 1999 [4] removed the ambiguity with regard to such modifications and deals more adequately with dismantling of decommissioned facilities. This was prompted on the one hand by the increasing number of installations awaiting dismantling, on the other hand by the fact that the Basic Safety Standards established the framework for the release of slightly contaminated solid materials, liable to have an impact on other Member States (e.g. through the export of metals for recycling). A new Recommendation will be proposed in 2009, amongst others to resolve some remaining ambiguities with regard to modifications for plans on which no earlier opinion had been given.
The Recommendations also called for the submission, every two years, of a statement of the radioactive waste discharges from nuclear reactors and reprocessing plants. This requirement, together with other public sources of information, has allowed the Commission to publish a regular series of reports on radioactive discharges in the Community and assessments of the resulting population doses in the EU [5][6]. Further developments in 1 Judgment of the Court of 22 September 1988, Land de Sarre and others v
Ministre de l’industrie, Case C‑187/87.
The Recommendation on “wild food products” is complementary to the EC Regulations on the control of imports of foodstuffs from third countries affected by the Chernobyl accident [8]. The Commission will soon propose an extension of this Regulation for another period of ten years (up to 2020).
The Recommendation also adds to the data collected under Article 36 on food representative of the average diet of the population (see 2.2 “mixed diet”).
3. Projects
3.1 Radioactive discharges
In the past, radioactive discharge data transmitted to the EC as requested under Article 37 EURATOM suffered from a lack of comparability between data sets from various Member States. In order to remediate this unsatisfactory situation, guidance on discharge monitoring methods and associated reporting requirements was needed.
For this purpose a Commission Recommendation under Article 36 EURATOM [9] was adopted to achieve transparency of information on radioactive discharges through comparable measurement results and to ensure that minimum requirements for the methods of analyzing radioactive discharges are met throughout the Community. The Recommendation addresses airborne and liquid radioactive discharges from nuclear power plants and nuclear fuel reprocessing plants during normal operation. The Recommendation not only defines the radionuclides to be monitored but also, for each radionuclide category, identifies key radionuclides that are significant in terms of radiological impact (and hence deemed to be suitable measurement sensitivity indicators) to which minimum requirements for detection limits should apply. In this latter context the Recommendation also proposes substitution rules for measurement results that are below the detection limit or the decision threshold.
An important added value of the Recommendation is that it provides guidance to the Member States on monitoring requirements that are in compliance with Article 45 of the Basic Safety Standards Directive.
In order to acquire a tool that would be instrumental to the implementation of the Recommendation, the EC launched a project to develop a radioactive discharges database (RADD). Essentially a fully secured web application, RADD will not only allow Member States to enter discharge data on‑line 8
but also give the general public access to a well‑defined relevant part of the information.
Finally, it is worth mentioning that a cooperation agreement exists between the EC and the IAEA to the effect of future exchange of radioactive discharge data information. Eventually the EC may become a regional (EU) data provider to the IAEA by, on a yearly basis, transferring RADD data into the IAEA global discharge database named DIRATA.
Moreover, the EC may also become a service provider to other international organisations (in particular OSPAR) whereby RADD would act as a secure data repository tool with controlled access rights.
3.2 Methodologies
The EC pursues the harmonisation of methodologies for sampling and measurement. Among the most recent projects in this area it is worth mentioning studies on the sampling of freshwater and suspended particles and the sampling and measurement of soil radioactivity (in cooperation with JRC‑ITU), and the AirDos study (by JRC‑IES) on the monitoring of airborne radioactivity.
Under Article 36 EURATOM the Commission also runs a regular series of intercomparison exercises, now organised by the JRC‑IRMM.
3.3 Medical waste
While the effluents for nuclear fuel cycle facilities are subject to discharge authorisations and further licensing conditions which are managed in very different ways in EU Member States but in all cases are subject to regulatory control, there is even less harmonisation in the management of effluents from the use of radioactive substances in nuclear medicine.
Further to a study conducted by DG ELARG on the management of hospital waste (in the new Member States), a study was launched to review the current situation in the management of liquid radioactive effluents arising from medical establishments in the EU and candidate countries and to create a scientific background for possible future legislation in this area.
The results of this study will soon be published in the Radiation Protection series.
9 The Recommendation on “wild food products” is complementary to the
EC Regulations on the control of imports of foodstuffs from third countries affected by the Chernobyl accident [8]. The Commission will soon propose an extension of this Regulation for another period of ten years (up to 2020).
The Recommendation also adds to the data collected under Article 36 on food representative of the average diet of the population (see 2.2 “mixed diet”).
3. Projects
3.1 Radioactive discharges
In the past, radioactive discharge data transmitted to the EC as requested under Article 37 EURATOM suffered from a lack of comparability between data sets from various Member States. In order to remediate this unsatisfactory situation, guidance on discharge monitoring methods and associated reporting requirements was needed.
For this purpose a Commission Recommendation under Article 36 EURATOM [9] was adopted to achieve transparency of information on radioactive discharges through comparable measurement results and to ensure that minimum requirements for the methods of analyzing radioactive discharges are met throughout the Community. The Recommendation addresses airborne and liquid radioactive discharges from nuclear power plants and nuclear fuel reprocessing plants during normal operation. The Recommendation not only defines the radionuclides to be monitored but also, for each radionuclide category, identifies key radionuclides that are significant in terms of radiological impact (and hence deemed to be suitable measurement sensitivity indicators) to which minimum requirements for detection limits should apply. In this latter context the Recommendation also proposes substitution rules for measurement results that are below the detection limit or the decision threshold.
An important added value of the Recommendation is that it provides guidance to the Member States on monitoring requirements that are in compliance with Article 45 of the Basic Safety Standards Directive.
In order to acquire a tool that would be instrumental to the implementation of the Recommendation, the EC launched a project to develop a radioactive discharges database (RADD). Essentially a fully secured web application, RADD will not only allow Member States to enter discharge data on‑line
but also give the general public access to a well‑defined relevant part of the information.
Finally, it is worth mentioning that a cooperation agreement exists between the EC and the IAEA to the effect of future exchange of radioactive discharge data information. Eventually the EC may become a regional (EU) data provider to the IAEA by, on a yearly basis, transferring RADD data into the IAEA global discharge database named DIRATA.
Moreover, the EC may also become a service provider to other international organisations (in particular OSPAR) whereby RADD would act as a secure data repository tool with controlled access rights.
3.2 Methodologies
The EC pursues the harmonisation of methodologies for sampling and measurement. Among the most recent projects in this area it is worth mentioning studies on the sampling of freshwater and suspended particles and the sampling and measurement of soil radioactivity (in cooperation with JRC‑ITU), and the AirDos study (by JRC‑IES) on the monitoring of airborne radioactivity.
Under Article 36 EURATOM the Commission also runs a regular series of intercomparison exercises, now organised by the JRC‑IRMM.
3.3 Medical waste
While the effluents for nuclear fuel cycle facilities are subject to discharge authorisations and further licensing conditions which are managed in very different ways in EU Member States but in all cases are subject to regulatory control, there is even less harmonisation in the management of effluents from the use of radioactive substances in nuclear medicine.
Further to a study conducted by DG ELARG on the management of hospital waste (in the new Member States), a study was launched to review the current situation in the management of liquid radioactive effluents arising from medical establishments in the EU and candidate countries and to create a scientific background for possible future legislation in this area.
The results of this study will soon be published in the Radiation Protection series.
10
4. Assessment of radiation doses to members of the public
The current Basic Safety Standards [10] were adopted in May 1996 (96/29/
EURATOM). The conditions for authorisation of practices involving the discharge of radioactive effluents are laid down in Title VIII (Radiation Protection of the Population). Compared to earlier Directives there is an important change in the requirements for the estimation of population doses: in Article 45(a) it is now stated that such estimates shall be made as realistic as possible for the population as a whole and for reference groups.
EU Member States shall take all necessary steps to identify the reference groups taking into account the effective pathways of transmission of radioactive substances.
The Member States use different approaches to identify reference groups and to calculate corresponding doses. Realistic assessments of the doses to which members of the public are exposed are in general not systematically performed. Conservative assumptions and parameter values should be substituted by realistic ones.
In order to harmonise procedures to be applied by the Member States to comply with the provisions of Article 45, a study “Establishment of a guide for the realistic assessment of radiation doses to members of the public due to operation of nuclear installations under normal conditions”
(RAIN) was commissioned in January 2000. The results of this study were incorporated in guidance of the Article 31 Group of Experts [11]. This guidance will have an impact on environmental monitoring policies, for instance, whether environmental data should be used directly in assessing the doses or indirectly in validating environmental transfer models used in calculating doses from measured discharge activity concentrations.
Each step of the methodologies for prospective or retrospective dose assessment was reviewed. It was concluded that three age groups, one‑
year‑old, ten‑year‑old and adults, allow a sufficient representation of the age distribution. In addition, guidance was produced on the identification of reference groups (which ICRP now has labelled as: “representative person”[12]).
The reference group should normally consist of a collection of individuals, with broadly homogenous characteristics representative of those most exposed; however, where the normal behaviour of only one or two individuals results in them being significantly more highly exposed than any other individuals, then the reference group should be deemed to consist of only those one or two individuals.
5. Environmental policy
5.1. Environmental legislation and conventions
Under EC‑Treaty provisions there is a broad coverage of environmental legislation from which, in most cases, nuclear installations are excluded.
However, the “Environmental Impact Directive on the assessment of the effects of certain public and private projects on the environment (Directive 85/337/EEC of 27 June 1986, as amended by Directive 97/11/EC of 3 March 1997) also applies to some nuclear facilities:
‑ installations for the processing of irradiated nuclear fuel or high‑level radioactive waste;
‑ installations for the final disposal of irradiated nuclear fuel;
‑ installations designed solely for the final disposal of radioactive waste;
‑ installations designed solely for the storage (planned for more than ten years) of irradiated nuclear fuel or radioactive waste at a site other than the production site.
It is worth noting that the EC Water Framework Directive [13], while not explicitly addressing radioactive substances, does not exclude these from the Directive’s mandate.
The EC Drinking Water Directive [7] includes indicative parameters for radioactivity (Tritium and total indicative dose). Guidance on he sampling and measurement standards applicable to the parameter on TID has been adopted by both the Article 31 Group of Experts and the Committee established under the EC Directive in 2005. However, these measures were never adopted and it is now discussed whether a specific Directive under EURATOM Treaty provisions should be adopted.
For the development of an environmental policy also a number of
11 4. Assessment of radiation doses to members of the public
The current Basic Safety Standards [10] were adopted in May 1996 (96/29/
EURATOM). The conditions for authorisation of practices involving the discharge of radioactive effluents are laid down in Title VIII (Radiation Protection of the Population). Compared to earlier Directives there is an important change in the requirements for the estimation of population doses: in Article 45(a) it is now stated that such estimates shall be made as realistic as possible for the population as a whole and for reference groups.
EU Member States shall take all necessary steps to identify the reference groups taking into account the effective pathways of transmission of radioactive substances.
The Member States use different approaches to identify reference groups and to calculate corresponding doses. Realistic assessments of the doses to which members of the public are exposed are in general not systematically performed. Conservative assumptions and parameter values should be substituted by realistic ones.
In order to harmonise procedures to be applied by the Member States to comply with the provisions of Article 45, a study “Establishment of a guide for the realistic assessment of radiation doses to members of the public due to operation of nuclear installations under normal conditions”
(RAIN) was commissioned in January 2000. The results of this study were incorporated in guidance of the Article 31 Group of Experts [11]. This guidance will have an impact on environmental monitoring policies, for instance, whether environmental data should be used directly in assessing the doses or indirectly in validating environmental transfer models used in calculating doses from measured discharge activity concentrations.
Each step of the methodologies for prospective or retrospective dose assessment was reviewed. It was concluded that three age groups, one‑
year‑old, ten‑year‑old and adults, allow a sufficient representation of the age distribution. In addition, guidance was produced on the identification of reference groups (which ICRP now has labelled as: “representative person”[12]).
The reference group should normally consist of a collection of individuals, with broadly homogenous characteristics representative of those most exposed; however, where the normal behaviour of only one or two individuals results in them being significantly more highly exposed than any other individuals, then the reference group should be deemed to consist of only those one or two individuals.
5. Environmental policy
5.1. Environmental legislation and conventions
Under EC‑Treaty provisions there is a broad coverage of environmental legislation from which, in most cases, nuclear installations are excluded.
However, the “Environmental Impact Directive on the assessment of the effects of certain public and private projects on the environment (Directive 85/337/EEC of 27 June 1986, as amended by Directive 97/11/EC of 3 March 1997) also applies to some nuclear facilities:
‑ installations for the processing of irradiated nuclear fuel or high‑level radioactive waste;
‑ installations for the final disposal of irradiated nuclear fuel;
‑ installations designed solely for the final disposal of radioactive waste;
‑ installations designed solely for the storage (planned for more than ten years) of irradiated nuclear fuel or radioactive waste at a site other than the production site.
It is worth noting that the EC Water Framework Directive [13], while not explicitly addressing radioactive substances, does not exclude these from the Directive’s mandate.
The EC Drinking Water Directive [7] includes indicative parameters for radioactivity (Tritium and total indicative dose). Guidance on he sampling and measurement standards applicable to the parameter on TID has been adopted by both the Article 31 Group of Experts and the Committee established under the EC Directive in 2005. However, these measures were never adopted and it is now discussed whether a specific Directive under EURATOM Treaty provisions should be adopted.
For the development of an environmental policy also a number of
12
international conventions need to be allowed for, in particular:
‑ Espoo Convention on environmental impact assessment in a trans‑
boundary context
‑ Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean.
‑ Helsinki Convention on the protection of the marine environment of the Baltic Sea area (HELCOM)
‑ OSPAR (Oslo‑Paris) Convention for the protection of the marine environment of the North‑East Atlantic (to which the Community became party through Council Decision 98/249/EC).
5.2. OSPAR
The European Community and many Member States of the Community are contracting parties to the OSPAR Convention. The European Commission represents the European Community. The implementation of the “OSPAR Strategy with Regard to Radioactive Substances” [14], agreed by contracting parties in 1998, is managed by the Radioactive Substances Committee (RSC), in which the Commission is taking an active part.
The objective of the OSPAR Strategy is “to prevent pollution of the maritime area from ionising radiation through the progressive and substantial reductions of discharges, emissions and losses of radioactive substances, with the ultimate aim of concentrations in the marine environment near background values for naturally occurring radioactive substances and close to zero for artificial substances”. Inter alia the strategy also requires account be taken of legitimate uses of the sea, technical feasibility and radiological impacts on man and biota, and that OSPAR will undertake the development of environmental quality criteria for the protection of the marine environment from adverse effects of radioactive substances.
The European Community has provided input required for the implementation of the strategy through a focused study ‑ MARINA II [15].
This study has provided OSPAR with detailed information on discharges, concentrations and an assessment of their significance. Marina II updated an earlier report, published in 1990 [16]. Similar studies were carried out for the Mediterranean [17] and Baltic Sea [18].
5.3. Protection of non-human species
The subject matter and general purpose of the Basic Safety Standards is the health protection of the population and workers against the dangers of ionising radiation; this includes the protection of the human environment as a pathway from environmental sources to the exposure of man. In line with ICRP Publication 103 it is now felt that this should be complemented where appropriate with specific consideration of the exposure of biota in the environment as a whole. ICRP has indeed reconsidered the paradigm on the relationship between health and environmental protection.
While Chapter III, “Health & Safety” of the EURATOM Treaty only relates to the health protection of workers and members of the public, the policies for the protection of man and the environment should be coherent.
For instance, environmental criteria as well as dose constraints should be considered for the authorisation of discharges of radioactive effluent.
A separate Title on environmental protection is planned in the new recast Basic Safety Standards (see next chapter). However, at this drafting stage it is still blank. It has proven very difficult to translate the guidance of ICRP as well as the outcome of EU‑funded research (FASSET, ERICA, PROTECT) into precise, enforceable legal requirements. This novel area also calls for very close interaction with the international standards.
6. Basic Safety Standards
The current Basic Safety Standards Directive (96/29/EURATOM) introduced in 1996 some new features in order to meet the needs prevailing at that time, for instance with regard to natural radiation sources. Member States had an obligation to identify “work activities” involving natural radiation sources by means of surveys as well as measuring the radioactivity content of materials (ores, feed materials) and residues in industries processing materials containing naturally occurring radionuclides (NORM‑industries, including oil and gas extraction, phosphate production, etc.). This has opened a new field for environmental radioactivity monitoring.
At the time of adoption of the Directive flexibility was needed in order to achieve consensus on the inclusion of these new features on which there was little experience. The experience gathered since 1996 with
13 international conventions need to be allowed for, in particular:
‑ Espoo Convention on environmental impact assessment in a trans‑
boundary context
‑ Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean.
‑ Helsinki Convention on the protection of the marine environment of the Baltic Sea area (HELCOM)
‑ OSPAR (Oslo‑Paris) Convention for the protection of the marine environment of the North‑East Atlantic (to which the Community became party through Council Decision 98/249/EC).
5.2. OSPAR
The European Community and many Member States of the Community are contracting parties to the OSPAR Convention. The European Commission represents the European Community. The implementation of the “OSPAR Strategy with Regard to Radioactive Substances” [14], agreed by contracting parties in 1998, is managed by the Radioactive Substances Committee (RSC), in which the Commission is taking an active part.
The objective of the OSPAR Strategy is “to prevent pollution of the maritime area from ionising radiation through the progressive and substantial reductions of discharges, emissions and losses of radioactive substances, with the ultimate aim of concentrations in the marine environment near background values for naturally occurring radioactive substances and close to zero for artificial substances”. Inter alia the strategy also requires account be taken of legitimate uses of the sea, technical feasibility and radiological impacts on man and biota, and that OSPAR will undertake the development of environmental quality criteria for the protection of the marine environment from adverse effects of radioactive substances.
The European Community has provided input required for the implementation of the strategy through a focused study ‑ MARINA II [15].
This study has provided OSPAR with detailed information on discharges, concentrations and an assessment of their significance. Marina II updated an earlier report, published in 1990 [16]. Similar studies were carried out for the Mediterranean [17] and Baltic Sea [18].
5.3. Protection of non-human species
The subject matter and general purpose of the Basic Safety Standards is the health protection of the population and workers against the dangers of ionising radiation; this includes the protection of the human environment as a pathway from environmental sources to the exposure of man. In line with ICRP Publication 103 it is now felt that this should be complemented where appropriate with specific consideration of the exposure of biota in the environment as a whole. ICRP has indeed reconsidered the paradigm on the relationship between health and environmental protection.
While Chapter III, “Health & Safety” of the EURATOM Treaty only relates to the health protection of workers and members of the public, the policies for the protection of man and the environment should be coherent.
For instance, environmental criteria as well as dose constraints should be considered for the authorisation of discharges of radioactive effluent.
A separate Title on environmental protection is planned in the new recast Basic Safety Standards (see next chapter). However, at this drafting stage it is still blank. It has proven very difficult to translate the guidance of ICRP as well as the outcome of EU‑funded research (FASSET, ERICA, PROTECT) into precise, enforceable legal requirements. This novel area also calls for very close interaction with the international standards.
6. Basic Safety Standards
The current Basic Safety Standards Directive (96/29/EURATOM) introduced in 1996 some new features in order to meet the needs prevailing at that time, for instance with regard to natural radiation sources. Member States had an obligation to identify “work activities” involving natural radiation sources by means of surveys as well as measuring the radioactivity content of materials (ores, feed materials) and residues in industries processing materials containing naturally occurring radionuclides (NORM‑industries, including oil and gas extraction, phosphate production, etc.). This has opened a new field for environmental radioactivity monitoring.
At the time of adoption of the Directive flexibility was needed in order to achieve consensus on the inclusion of these new features on which there was little experience. The experience gathered since 1996 with
14
transposition in national legislation (due by May 2000) and with operational implementation demonstrated a need for enhanced harmonisation.
The Commission also undertakes the simplification of its “acquis”
of Community legislation by the codification of related acts (without modification, e.g., amendments or complementary legislation) or recasting these if necessary (e.g., allowing for different definitions). A recast of all five radiation protection Directives is pursued. This consolidation will promote the coherence of definitions and requirements in all Directives and the association of specific and general requirements.
The revision of the EURATOM Basic Safety Standards will further take account of the new ICRP recommendations (Publication 103) [19]. While these do not necessarily require major changes in regulatory requirements, we believe they offer a much more coherent and understandable framework.
Hence the Commission undertakes to structure the requirements along the concepts of planned, existing and emergency exposure situations, and highlight the role of optimisation below suitable constraints and reference levels.
The structure of the new Basic Safety Standards Directive had to be revised thoroughly to accommodate the incorporation of the other Directives as part of the recast process.
The initial schedule of the new recast Directive is given in Table 1. The incorporation of the requirements of the five Directives in each heading is not straightforward: no changes are allowed to the content of the requirements, unless really necessary and duly justified. It is essential to keep track of the changes in order to facilitate the later adoption process.
Table 1: Outline of new EURATOM BSS Preamble
Title I Subject Matter and Scope
Title II Definitions
Title III System of Protection
Title IV Responsibilities for Regulatory Control Title V Requirements for Education and Training Title VI Justification and Regulatory Control of Planned
Exposure Situations
Title VII Protection of Workers, Apprentices and Students Title VIII Protection of Patients and Other Individuals
Submitted to Medical Exposure Title IX Protection of Members of the Public Title X Protection of the Environment Title XI Emergency Exposure Situations Title XII Existing Exposure Situations Title XIII Final Provisions
The Group of Experts under Article 31 of the EURATOM Treaty endeavours to finalise the text of the new Directive by November 2009, under the mandate of the current Group. A lot of work remains to be done but the prospects of achieving this goal are good. The text of the Experts and their Opinion will be the basis of a Commission proposal scheduled for 2010 (including the preparation of the inter‑institutional recast procedure).
Adoption of the Commission’s proposal by the Council may take another few years and, taking into account the time granted for transposition into national legislation, it may not be before 2014 that the requirements become truly effective.
Meanwhile the Commission is closely following the revision of the international Basic Safety Standards. As a result of the decision making
15 transposition in national legislation (due by May 2000) and with operational
implementation demonstrated a need for enhanced harmonisation.
The Commission also undertakes the simplification of its “acquis”
of Community legislation by the codification of related acts (without modification, e.g., amendments or complementary legislation) or recasting these if necessary (e.g., allowing for different definitions). A recast of all five radiation protection Directives is pursued. This consolidation will promote the coherence of definitions and requirements in all Directives and the association of specific and general requirements.
The revision of the EURATOM Basic Safety Standards will further take account of the new ICRP recommendations (Publication 103) [19]. While these do not necessarily require major changes in regulatory requirements, we believe they offer a much more coherent and understandable framework.
Hence the Commission undertakes to structure the requirements along the concepts of planned, existing and emergency exposure situations, and highlight the role of optimisation below suitable constraints and reference levels.
The structure of the new Basic Safety Standards Directive had to be revised thoroughly to accommodate the incorporation of the other Directives as part of the recast process.
The initial schedule of the new recast Directive is given in Table 1. The incorporation of the requirements of the five Directives in each heading is not straightforward: no changes are allowed to the content of the requirements, unless really necessary and duly justified. It is essential to keep track of the changes in order to facilitate the later adoption process.
Table 1: Outline of new EURATOM BSS Preamble
Title I Subject Matter and Scope
Title II Definitions
Title III System of Protection
Title IV Responsibilities for Regulatory Control Title V Requirements for Education and Training Title VI Justification and Regulatory Control of Planned
Exposure Situations
Title VII Protection of Workers, Apprentices and Students Title VIII Protection of Patients and Other Individuals
Submitted to Medical Exposure Title IX Protection of Members of the Public Title X Protection of the Environment Title XI Emergency Exposure Situations Title XII Existing Exposure Situations Title XIII Final Provisions
The Group of Experts under Article 31 of the EURATOM Treaty endeavours to finalise the text of the new Directive by November 2009, under the mandate of the current Group. A lot of work remains to be done but the prospects of achieving this goal are good. The text of the Experts and their Opinion will be the basis of a Commission proposal scheduled for 2010 (including the preparation of the inter‑institutional recast procedure).
Adoption of the Commission’s proposal by the Council may take another few years and, taking into account the time granted for transposition into national legislation, it may not be before 2014 that the requirements become truly effective.
Meanwhile the Commission is closely following the revision of the international Basic Safety Standards. As a result of the decision making
